The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1887-05-19

4
of wound about half way through
cheek. Also found left side of fac
considerably swollen and apparentl,
| very tender. We found index finger O
left hand swollen and infiamed, having
the appearance of having been severel,
confused; also found confused ant
swollen condition of scalp on back par
of his head. Could see nothing Seri
| GUS.
The witness was then recalled Il
| testify as medical expert racticeC
in New York before coming here, prac
tice was general, was member Of the
Commission of Lunacy while in New
York. Yarborough's actions at the
depot were not necessarily character.
iStic of an insane person, his actions al
| the house might or might not have
been the actions of an insane person.
DR.. Wright was called as an expert
Have practiced % years, one year had
charge of the female department of the
Indiana Hospital for the Insane, have
treated cases of insanity since. Would
have doubts of Yarborough's sanity
The defense rested.
Mr.. Burgess was again called to the
stand by the rosecution.-During my
acquaintance with Collier never dis
covered any indication of insanity.
DR.. Burke was called.-SaW Var
borough Monday evening; saw wound
on forehead; inside of cheek was cut;
other slight marks on his face. He
eat very little supper, condition of his
mouth interfered with his eating; put
my finger in his mouth and felt cut
thTee-quarters of an inch long and half
way through the cheek; considerable
blood on his face.
Elmer Page.-I was janitor of the
jail when Marlborough was brought
here. He talked most of the time; said
he killed the best friend he had; then
cursed and said he ought to have
killed him. He was greatly excited.
A prolonged wrangle among the at
torney5 about admitting certain depO-
SitiOns, exhausted the time and court
adjourned, the Judge reserving his
until this morning.
From Saturdays Daily.
At 2 O'Clock yesterday the presecu-
ton called several witnesses in rebutal.
David F. Laws.-Was living in En-
poria last November, was acquainted
with Y, saw him three times day,
sat at same table at Mrs. Watson's,
saw nothing indicating insanity,
saw him shortly after the shoot
ing, saw him next day at
O'Clock at the jail, said ''here's some
OOcbO4OACAy A1As OChD JOu4 uC
said ''thank you, much obliged" !
said, 'Y., am sorry to see you in this
fix" he replied ''yes, it's bad fix to be
in" am employed by Warren & Har-
rison. Y. was very quiet at the house,
always a perfect gentleman, was some
times little careless of his speech.
Mr.. Schlesinger-Am a member of
Strauss s. Schlesinger. In May Y.
asked for a position in the store, talked
half an hour, made good impression,
we employed him, he had charge Of the
domestic department, habits did not
indicate any insanity, had bad look
ing eye, was intoxicated slightly more
than once, was full once, fell off ladder
and broke the counter, told him to leave
the store and not show his face until he
sobered up.
Mr.. Heilig was again called-Roomed
in same house with Y, saw him four
or five nights in the week, saw nothing
indicating insanity, he was occasionally
blue and depressed.
s. Strauss-Am member of the firm
of Strauss s. Schlesinger, got acquaint-
ed with Y. in May, he was salesman in
our store from May to September, saw
nothing that indicated insanity.
DR.. Chas. Gardiner-Am physician
and surgeon, Is years experience, have
studied insane cases, heard all wit
nesses and evidence in this case, have
observed appearance of defendant dur
ing the trial, it is my opinion he was
perfectly sane from the alteration in
the depot all the way through. A per-
son descended from such family may
become insane, liquor increases hearts
action and causes a greater flow of
blood to the head, such blows as Y. re-
ceived would not produce insanity, but
for the time would knock him silly.
AT o'clock the evidence was closed
and the witnesses were discharged.
Judge Graves then gave the follow
ing
INSTRUCTIONS TO THE JURY.
Gentlemen of the Jury:
/. 1t is charged in'the information that
the defendant, in the County of Lyon
and State of Kansas, on or about the
22nd day of November, 1886, did kill
and murder one L. D. Collier, by shoot
ing him with revolver.
2. Murder is divided into two degrees,
the first and second: Murder in the
first degree, is the wilful, deliberate
and premeditated killing of another
with malice aforethought, and this is
the Offense with which the defendant is
charged.
8. Murder in the second degree is the
unlawful killing of another purpOsely
and with malice aforethought but
without elaboration and premedit-
alton.
4. Malice aforethought, as used in
the definition of murder does not neces-
sarily mean hatred, spite or malevO-
lence towards the deceased, but it is
understood to mean and include, that
wicked and reckless disregard of the
lives and safety of others which possess
those persons who Intentionally and
wantonly act wrongfully and without
just cause or excuse.
5. Malice aforethOught, is either eX-
press OF implied, express malice is used
to describe that malicious condition of
the mind, which is manifested by out
ward acts, or words or both, as for ex-
ample-when person has been killed,
and the surrounding circumstances
attending the act of killing, such
as former grudges, previous threats
deliberate preparation OF, and use OF d
deadly weapon, and the like, shows the
prior existence of premeditated and
deliberately formed design on the part
of the slayer to do such killing, express
malice is said to exist.
6. Implied malice is that malic
| iOus condition of the mind, which the
law infers from the act itself, as for ex
ample: when the act of killing is done
| by any deliberate, premeditated anC
| cruel act, which SHOWS a design TO GaKS
human life without present provoca
ton; the law implies the existence O
motive.
z. Deliberately, as used in con
nection with the crime of murder
means with cool considered purpose
Premeditatedly means with fixed ant
preconceived intention formed befor'
| the act. The lapse of time, however
| between the formation and execution
| of such intention, need not be long; i
/ is sufficient if such intention be full
| formed before the fatal act. Pur
poseIy, means Intentionally, and no
| accidentally.
6. The defendant claims that what
| ever he may have done, in the premi
ses was done while in a state of IRE
sponsibility, on account of a diseased
and insane, condition of mind.
8. An essential ingredient in ever
offense is that the defendant wa
sane, when the alleged offense wa
committed, and that this condition O
sanity, must appear from the Who'll
evidence when considered together, be
yond a reasonable doubt, before the de
PENDANT can be convicted. In tn
absence of any proof upon the subjeC
the law presumes every person to b
| SD.14 rt-hoTso tho osf